Use of Best Available Technology and Ultra Low Sulfur Diesel Fuel

RCNY tit. 15, ch. 14, subch. B

in effect

15 RCNY § 14-02 Best Available Technology Determination.

§ 14-02 Best Available Technology Determination. An engine that has been certified to meet the United States Environmental Protection Agency's ("EPA") Tier IV Exhaust Emission Standards is deemed to be using the Best Available Technology ("BAT"), and does not require additional retrofit technologies. EPA's Tier IV Exhaust Emission Standards are described in Table 1 of the EPA's Clean Air Nonroad Diesel Rule Fact Sheet, EPA420-F-04-032, May 2004, available at http://www.epa.gov/nonroaddiesel/2004fr/420f04032.htm. If an engine has not been certified to meet the Tier IV Exhaust Emission Standards, pursuant to § 24-163.3 of the Administrative Code, the BAT that must be utilized is one of the following, provided, that this technology shall achieve the greatest reduction in emissions of particulate matter and shall in no event result in an increase in the emissions of either particulate matter or nitrogen oxides: Category I (a) Any properly installed and functioning system utilizing a Diesel Particulate Filter ("DPF") that primarily reduces emissions of particulate matter ("PM"), demonstrating an 85% or greater reduction in PM, and secondarily nitrogen oxide ("NOx") that appears on either the United States Environmental Protection Agency ("EPA") or the California Air Resources Board ("CARB") verified lists at http://www.epa.gov/otaq/retrofit/verif-list.htm and http://www.arb.ca.gov/diesel/verdev/background.htm for onroad or nonroad engines. Category I (b) Any properly installed DPF from either the EPA or CARB verified lists. Category I(c) A filter that has undergone the Verminderung der Emissionen Realer Dieselmotoren im Tunnelbau ("VERT") test procedure and appears as approved for continuous use on the VERT list maintained by http://akpf.org/pub/vert__filterliste.pdf or similar test procedures to those conducted by EPA/CARB and has demonstrated an 85% or greater reduction in emissions of PM. Category II Any properly installed and functioning system utilizing a Flow through Filer ("FTF") that primarily reduces emissions of particulate matter ("PM") and secondarily nitrogen oxide ("NOx") that appears on either the verified lists for onroad or nonroad engines or any properly installed FTF on the verified list and that produces the greater PM reduction but not less than a 50% reduction in PM. Category III Any properly installed and functioning system utilizing a Diesel Oxidation Catalyst ("DOC") or any emulsified diesel fuel that appears on either the EPA or CARB verified lists for onroad or nonroad engines that produces not less than a 25% reduction in FM. Fuel technologies must be compatible with the use of ultra low sulfur diesel fuel.

15 RCNY § 14-03 Method of Best Available Technology Selection.

§ 14-03 Method of Best Available Technology Selection. (a) Any contractor or agency operating a type of nonroad vehicle must select the appropriate BAT for use with such type of nonroad vehicle. For each type of nonroad vehicle subject to the BAT requirement, the contractor or agency operating such type of vehicle must identify, in list form, all types of pollution control technology devices that qualify as BAT in Category I for such nonroad vehicle. (b) All types of pollution control technology devices identified by the contractor or agency as Category I (a) BAT that are not technologically feasible for use with the subject type of nonroad vehicle are to be eliminated from the list of Category I (a) BAT. To eliminate a specific type of pollution control technology or individual device, the contractor or agency must demonstrate to the satisfaction of the Commissioner and document that operational constraints or physical, chemical or engineering principles preclude the successful and effective use of the nonroad vehicle when used with the specific pollution control technologies of that type. The contractor or agency shall then consider DPFs that satisfy the requirements set forth in Category I(b). If use of a Category I(b) DPF is technologically feasible, the contractor or agency must notify the Commissioner of the selection and the installation schedule. If none are technologically feasible, the contractor or agency shall select the technology devices set forth in Category I(c). (c) If, after the elimination process, no technologies remain in Category I (a), (b), or (c) from which the contractor or agency can select a BAT, the contractor or agency shall apply for Approval of a Written Finding of Unavailability. Upon approval by the DEP, the same identification and elimination process shall be done for Category II. If, after the elimination process, no technologies remain in Category II from which the contractor or agency can select a BAT, the same identification and elimination process shall be done for Category III. If, after the elimination process, no technologies remain in Category III from which the contractor or agency can select a BAT, the contractor or agency operating the subject nonroad vehicle shall apply for an Approval of a Written Finding of Unavailability or a Safety Waiver. (d) Once a category is selected as provided for in (c) above, an economic impact analysis is to be performed on the remaining technologies if the technology reduces both PM and NOx. If the cost of the technology that provides NOx control is equal to or greater than thirty percent more than that of the technology without NOx control, then the technology without NOx control shall be selected. For the purpose of this paragraph, the criteria that shall be considered is the cost of the strategies, themselves and the cost of installation. (e) For newly purchased vehicles, BAT may be Original Equipment Manufacturer ("OEM") installed control technology, provided that the technology is selected in a manner such that it provides the greatest reduction in particulate matter above the PM standard that the EPA has certified without increasing NOx and that reduction is verified by the manufacturer. The BAT need not be on EPA or CARB verified retrofit lists. (f) The contractor or agency must use the pollution control technology identified as BAT by the process set forth in this subchapter. (g) Prior to the installation of the selected technology, the contractor or agency shall notify the DEP of the BAT selection and contact the DEP when the DPF or other BAT is installed pursuant to this chapter and § 24-163.3 of the Administrative Code. The contractor or agency shall make arrangements to have the unit inspected and registered and the DEP shall label the vehicle as compliant. The contractor shall retain all documentation generated in the BAT selection process for as long as the selected BAT is in use. A contractor's failure to fully document the selection process or to provide such documentation shall be considered a violation of subdivision e of § 24-163.3 and is subject to applicable penalties.

15 RCNY § 14-04 Best Available Technology Selection Applicability.

§ 14-04 Best Available Technology Selection Applicability. (a) The BAT listed in this subchapter may be amended, superseded, or repealed at any time. However, no contractor or agency will be required to replace a selected BAT within three years of first using such BAT on any nonroad vehicle. (b) A contractor or agency who is using a DPF that does not appear on the EPA or CARB verified lists may use such DPF for three years from the date it was first installed. After such three-year period, if such DPF does not appear on either the EPA or CARB verified lists, such DPF may not be used in nonroad vehicles used in City projects. (c) A contractor or agency who is using Category I(c) technology may use such technology for three years from the date it was first installed. After such three-year period, if such technology does not appear on either the EPA or CARB verified lists, such technology may not be used in nonroad vehicles used in City projects. (d) A contractor or agency that has installed technology that appears on either the EPA and/or CARB verified lists at the time of installation, but which has been removed from the EPA and/or CARB verified lists during the thirty months following installation, may not use such technology in nonroad vehicles used in City projects at the conclusion of the three-year period following installation. A contractor or agency that has installed technology that appears on the EPA and/or CARB verified lists at the time of installation, but which has been removed from the EPA and/or CARB verified lists during the six months preceding the conclusion of the three-year period following installation, or at any time after the conclusion of such three-year period, may use such technology in nonroad vehicles for an additional six months following the date it was removed from the EPA and/or CARB verified lists.

15 RCNY § 14-05 Use of Ultra Low Sulfur Diesel Fuel.

§ 14-05 Use of Ultra Low Sulfur Diesel Fuel. All nonroad vehicles subject to this rule must be powered by ultra low sulfur diesel fuel, regardless of which BAT is selected, unless the Commissioner has issued a written determination pursuant to subdivision i of § 24-163.3 permitting the use of diesel fuel that has a sulfur content of no more than thirty parts per million.

15 RCNY § 14-06 Public Works Contracts.

§ 14-06 Public Works Contracts. Any contractor acting pursuant to a public works contract that is subject to the provisions of paragraph four of subdivision f of § 24-163.3, but not paragraph one or three of such subdivision, shall comply with this subchapter and Subchapters A and C of this chapter as of June 19, 2005.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-25474Fetched: 10/24/2026